DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT IN-DEPTH ANALYSIS Minorities in the South Caucasus: New visibility amid old frustrations Author: Fernando GARCÉS DE LOS FAYOS Abstract One of the most multi-ethnic regions on Europe’s periphery, the South Caucasus’s bumpy path to democracy has often been accompanied by ethnic conflict, stoked by nationalism. Since acquiring independence from the Soviet Union, secessionist movements have grown among local minorities in the areas surrounding the countries’ new, sovereign borders. The lack of state mechanisms to channel such sentiments has led to violent ethnic clashes with long-lasting consequences. Today still, a lack of experience in conflict resolution and power- sharing between dominant and minority communities hinders the development of common ground and democratic co-existence. Mechanisms which promote parliamentary representation, law-making and the oversight of minority rights are still largely absent. Although reforms in the South Caucasus have pushed for new laws to create greater accountability, instruments promoting inclusive dialogue with the minorities require further development. For the minorities of the South Caucasus, the most pressing issues are a lack of respect and the protection of their rights. For the sake of state-building and democratic development of the region, inclusive policies must be implemented with respect to ethnic minorities, through their political participation, including them in the higher levels of decision-making. DG EXPO/B/PolDep/Note/2014_104 June 2014 ST/1030125 PE 522.341 EN Policy Department, Directorate-General for External Policies This paper is an initiative of the Policy Department, DG EXPO. AUTHORS: Fernando GARCÉS DE LOS FAYOS with contributions from Nata KERESELIDZE, intern (based on a previous paper by Anastasia BASKINA, intern) Directorate-General for External Policies of the Union Policy Department SQM 03 Y 71 rue Wiertz 60 B-1047 Brussels Editorial Assistant: Györgyi MÁCSAI CONTACT: Feedback of all kinds is welcome. Please write to: [email protected]. To obtain paper copies, please send a request by email to: [email protected]. PUBLICATION: English-language manuscript completed on 27 June 2014. © European Union, 2014 Printed in Belgium This paper is available on the intranet site of the Directorate-General for External Policies, in the Regions and countries or Policy Areas section. DISCLAIMER: Any opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation, except for commercial purposes, are authorised, provided the source is acknowledged and provided the publisher is given prior notice and supplied with a copy of the publication. 2 Minorities in the South Caucasus TABLE OF CONTENTS 1. Introduction 4 2. Armenia 5 2.1. Overview 5 2.2. Legal status of minorities 6 2.3. State of play 7 2.3.1. Minority representation in decision-making 7 2.3.2. Language, education and media 8 2.4. Religion 9 3. Azerbaijan 10 3.1. Overview 10 3.2. Legal status of minorities 12 3.3. State of play 13 3.3.1. Minority representation in decision-making 13 3.3.2. Language, media and education 13 3.4. Religion 14 4. Georgia 15 4.1. Overview 15 4.2. Legal status of minorities 19 4.3. State of play 20 4.3.1. Minority representation in decision-making 20 4.3.2. Language, media and education 21 4.4. Religion 22 5. The EU and minorities in the Eastern Partnership countries 23 6. Annex I: Map 28 3 Policy Department, Directorate-General for External Policies 1. Introduction Problems with ethnic minorities have become apparent in the South Caucasus since the fall of the Soviet Union. Attempts towards The fall of the Soviet Union democratisation began early in the region, in an environment of total gave rise to ethnic and economic decay. The nationalistic mobilisation that followed spurred religious conflicts in the ethnic and religious conflicts in a multi-ethnic region, which muddled South Caucasus, spurred by through the decade, completely neglected by the international nationalistic sentiments. community. Today, minorities in the South Caucasus often feel disenfranchised and alienated, contesting the legitimacy of the states in which they reside. The most important common attribute for minorities across the region The most important nowadays is the severe endemic poverty that they experience. Isolation common attribute across from the rest of the country that they reside in and the consequent fear the region today for that they experience are altogether indicative of the challenging minorities is their severe circumstances which minorities face vis-à-vis the state. Although legally endemic poverty. speaking the basic rights of minorities are protected in all three countries, state legitimacy is continually contested through weak institutional practice. The weakness and insecurity of the South Caucasus countries is visible through the limited respect for and protection of minority rights, which in turn challenges state responsibility from within. The protection and promotion of minority rights Conditions for communication and compromise are better provided in are feared in the South democracies that are tolerant of minority demands and offer peaceful Caucasus as a means of mechanisms for regime change. These are the main traits which are further disintegration.. lacking in the South Caucasus, where the minority question is primarily viewed by state authorities from the perspective of national security. The protection and promotion of minority rights are mostly feared as a means Parliamentary of further disintegration and a stimulus for secessionist tendencies, rather representation, law-making than as a foundation of peace and prosperity1. and oversight are In order to find solutions to economic challenges and other barriers to indispensable to addressing human development, pluralistic and representative systems are required. economic challenges and Countries of the South Caucasus must achieve the latter through: free and human development.t fair elections; the separation of powers between the three main governing pillars – the executive, the parliament, and the judiciary; openness in governance and access to information; transparency within their societies; and political adaptability. The adequate representation of ethnic minorities in national parliaments reduces the gap between minorities and the state, and increases the chances of peace in the long run. A common and effective way to achieve the latter is through facilitating over-representation in parliaments from regions where minorities reside. As a result, majority groups learn to act moderately towards minority 1 Sabanadze, N., ‘States, Minorities and Regional Hegemons in the South Caucasus: Whose Responsibility to Protect?’, in Palermo, F. and Sabanadze, N. (eds.), National Minorities in Inter-State Relations, OSCE HCNM, 2011. 4 Minorities in the South Caucasus groups, engaging in inter-group bargaining. Minority representation can 2014 saw the introduction also be addressed through a ‘committee mechanism’ in the parliaments and adoption of the anti- concerned. Committees with specific concerns are able to bring them to discrimination legislation the table, ensuring that compromise solutions are reached. brought about by the ENP.. In addition, parliaments can further promote peace-building by introducing and adopting pieces of legislation that protect fundamental freedoms. 2014 saw many changes in the region in this respect. Since the Although reforms are being Vilnius Summit in November 2013, reforms have been steadily introduced introduced, the multi-ethnic and implemented. The latest of these reforms was the adoption of character of the region still comprehensive anti-discrimination legislation by Georgia in May 2014, poses pressing challenges to which includes, inter alia, provisions on the rights of people who belong to development and stability. minorities. Although changes are taking place and reforms are being introduced, the multi-ethnic character of the region and the way in which this aspect is managed still pose pressing challenges that threaten its overall development and stability. An effective method must be sought both to strengthen these states and to respect the identity and culture of their ethnic minorities. Other than the aforementioned representation, law- making, and parliamentary oversight, democratic institutions, together with civil society groups, must be in continual interaction with the people and with governments. Experiences must be developed in promoting democratic co-existence and power-sharing between the dominant ethnic community and smaller ethnic minorities. It is essential for state- building and conflict prevention that minorities be fully integrated and represented at higher levels of decision-making. 2. Armenia 2.1. Overview Armenia is one of the most Armenia is the most ethnically homogeneous of the three South Caucasus ethnically homogeneous republics. According to the latest census (2011), ethnic Armenians countries in the world, with constitute over 98 % of the population. In contrast to Georgia and 98 % of its population being Azerbaijan, the minorities do not form local majorities in any region and ethnic Armenians. are scattered across the country. The Nagorno-Karabakh conflict has negatively affected Armenia’s ethnic diversity. Before the war the largest minority in Armenia